Resolving conflicts in workplaces can be one of the most time-consuming and challenging tasks for any management system when the parties involved in the conflict are stubborn in their perspectives. Overlooking the conflict can also make the work environment unhealthy for everyone. Considering the legal procedure on the other hand can harm the reputation of the organization as well as affect the overall performance. In such scenarios, alternative dispute resolution techniques can be very helpful.
Alternative Dispute Resolution (ADR) is a range of dispute settlement techniques that help in resolving disputes without going to court and remain confidential. When these techniques are used a neutral third party is usually involved who helps in reaching a conclusion. Alternative Dispute Resolution methods moreover are more convenient, confidential, and have better success rates.
Other benefits of using ADR are:
- It consumes less time and is cost-effective.
- There are no technicalities of the court system involved in these methods.
- The parties can share their perspective and discuss with each other without any fear of disclosure of the facts before the court.
- The discussion between the parties in mediation often occurs without any enmity as there is no winning and losing in these methods. Rather the parties get their grievances redressed in a manner that both agree to with an agreed case.
Alternative Dispute Resolution methods are more suitable for multi-party disputes as all the parties get the opportunity to put their opinions forward at the same time instead of going to court with multiple appearances. Such methods provide a wider perspective of the dispute and its underlying causes.
Often the parties get the opportunity to choose the ADR method that they need to use. Moreover, they also get the opportunity to choose the individuals or bodies who will assist them with settling the dispute or in the case of arbitration settle the dispute. These processes are flexible according to the suitability of the parties. The ADR methods also allow the parties to focus on practical solutions. With a higher level of confidentiality in these processes, a wider range of issues can be considered while keeping the future interests of the parties protected.
There are different types of Alternative Dispute Resolution methods that include mediation and arbitration.
It is one of the most effective ADR methods that involves a neutral third party whose aim is to help two or more conflicting parties in reaching a mutually beneficial settlement. The mediator communicates with both parties in an unbiased manner and tries to understand their individual perspectives on the situation. After that, a meeting is organized where along with the mediator the conflicting parties are present, and here begins the listening and understanding process which remains highly confidential. The mediator helps the party discover their own solution that is mutually beneficial for both parties involved.
In arbitration the arbitrator listens to both parties in a more informal manner than in a court proceeding and reaches a conclusion based on the facts, issues, and understanding of applicable guidance or law on the issue. Arbitration may be either binding or nonbinding on the parties. However, unlike mediation where the parties make their own determination on the outcome, here in arbitration the arbitrator makes the determination for the parties.
If you are looking to involve Alternative Dispute Resolution methods to get your workplace conflicts resolved without the intervention of court proceedings using mediation, then get in touch with Michael Gregory Consulting, LLC today. For more information visit https://mikegreg.com/mediation-and-conflict-resolution